Let's Talk About Adjudication
In this issue
What's in a well report - lunch and learn
Next steps for the Whatcom County Superior Court
Next steps for water users
Fees associated with adjudication for withdrawing ground and surface water
The court claim forms comment period – update
A few questions answered
Language access
Past newsletters
What's in a well report? Join us for an online lunch and learn - June 20 at noon
Join Ecology water resources program staff for an online lunchtime panel session on Thursday, June 20 at noon. This session is designed for people who use groundwater and want to learn about well reports. Learn how to access and use information in the well report to fill out an adjudication court claim form.
If you can’t make it, don’t worry - we’ll record this event and post it to our website for later viewing. To pre-register, please use the blue button below.
If you missed the May lunch and learn session about water rights and documents, you can watch the recorded presentation here.
Next steps for the Whatcom County Superior Court
The Department of Ecology filed a basin-wide general adjudication for the Nooksack river system and nearby areas with the Whatcom County Superior Court on May 1, 2024. This formally starts the adjudication process.
To prepare for the WRIA 1 adjudication, the Superior Court is working with the Administrative Office of the Courts and has secured additional resources like funding for eFiling and staff to handle the workload. Other county departments are also working to ensure that the public has clear information about where to go for assistance. The position of a new judge has been funded to oversee the water rights adjudication. If you want to learn more about what they're doing for the WRIA 1 adjudication, you can visit the Whatcom County Superior Court’s webpage.
To view the filing documents:
Next steps for water users
If you live in WRIA 1 and are within the area of a recorded water right or outside a public water system service area, here’s what you can expect in the coming months.
Coming up in 2024:
- You will receive a summons via certified mail with instructions and court claim forms, likely this summer.
- You will have a year to fill out the court claim form and submit it to the court in person, by mail, or online. Forms will not be due until later in 2025 at the earliest.
- If you find additional information that you’d like to include with your claim form after you file, you will have three years to amend your form.
While no action is required now, there are a few things you can do to prepare that we’ll cover in the July issue of this e-newsletter. Stay tuned.
In the following years:
- Ecology will review the submitted court claim forms, additional evidence if necessary, and prepare a report on your legal water use.
- You have the right to file objections with the court if you disagree.
- The court will consider the report's findings, determine everyone's water rights, and issue a list of water rights in order of priority.
- Ecology will issue adjudicated certificates that will attach to the deed at the address where the water is used.
We believe the entire process from start to finish will take up to 10 years or longer, though individual water rights may be decided throughout the process.
Fees associated with adjudication for withdrawing ground and surface water
In the adjudication, there will be a $25 fee to file adjudication claims in court. Fee waivers will be available from the Court. Other than that, Ecology does not plan to add any new usage fees to its water programs. Ecology does not charge fees for withdrawing ground or surface water, and we don’t expect adjudication to change that.
Currently, we charge legally required fees such as the following:
- Fees for filing a Notice of Intent for well construction.
- Permit and other applications fees.
- Fees for state water users currently subject to the Federal Lummi Peninsula Groundwater Settlement Agreement.
There may be costs in other situations, which are not charged by Ecology. These include:
- Hiring consultants, directly or through Ecology’s Cost Reimbursement Program, to prepare water right applications.
- Water from water systems, including shared public water systems for water or for other related costs of operating the system.
- Buying or leasing water. In the future, some water uses may be interruptible in times of shortage. In order to secure legal water for these uses, some water users may choose to buy or lease water.
The court claim form – update
We received many comments on the draft court claim form, and we have been reviewing comments and revisions with the Attorney General’s Office. We understand there is a lot of interest in seeing the claim form as soon as possible. The final claim form will be finalized and published after the court signs an order directing us to mail the summons.
A few questions answered
The adjudication team recently met with some community groups. We were asked several questions about the WRIA 1 adjudication. Here are our responses.
Question: When I fill out my claim form, do I need to include the rainwater collected from a rooftop?
Answer: Since a water right is not required for on-site storage and use of rooftop or guzzler collected rainwater, water collected from rooftops does not have to be claimed in the adjudication. This policy applies to the water right permit requirement in RCW 90.03 and the authority to regulate rainwater harvesting systems. For more information, see Rainwater collection - Washington State Department of Ecology and Policy 1017: Collection of Rainwater for Beneficial Use
Question: What if I don’t participate in the adjudication?
Answer: Adjudication produces a final, official list of all legal water rights in an area. Anyone who wants to legally use water in this area needs to be on the list. Failing to take part puts your water use at risk. This could pose significant problems for you and future owners of your property.
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Language access
If you have difficulty understanding English or have a disability, free language assistance or other aids and services are available upon request. Please call 564-233-1879.
Si tiene dificultades para entender la lengua inglesa o presenta una discapacidad, puede solicitar asistencia lingüística y otros tipos de ayuda y servicios sin coste alguno. Llame al siguiente número de teléfono 564-233-1879.
Если у вас есть трудности с пониманием английского языка или у вас инвалидность, по запросу предоставляется бесплатная языковая помощь или другие вспомогательные средства и услуги. Пожалуйста позвоните по телефону 564-233-1879.
ਜੇਕਰ ਤੁਹਾਨੂੰ ਅੰਗਰੇਜ਼ੀ ਸਮਝਣ ਵਿੱਚ ਔਖਿਆਈ ਹੁੰਦੀ ਹੈ ਜਾਂ ਫਿਰ ਤੁਸੀਂ ਅਪਾਹਜ ਹੋ, ਤਾਂ ਅਪੀਲ ’ਤੇ ਮੁਫਤ ਭਾਸ਼ਾ ਸਹਾਇਤਾ ਜਾਂ ਹੋਰ ਸਹਾਇਤਾਵਾਂ ਅਤੇ ਸੇਵਾਵਾਂ ਉਪਲੱਬਧ ਹਨI ਕਿਰਪਾ ਕਰ ਕੇ ਕਾਲ ਕਰੋ 564-233-1879.
Past newsletters
October 2023
November 2023
December 2023
January 2024
February 2024
March 2024
April 2024
May 2024
The Department of Ecology is preparing for the Nooksack water right adjudications over the course of the next biennium. Adjudication is needed to determine how much water is legally available for use and to secure water for long-term planning and instream flow protection. For more information, please visit our Nooksack Adjudication website.
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